Fort Worth weekly gazette. [volume] (Fort Worth, Tex.) 1882-1891, 1887-01-28


of said lands, shall actually settle upon
and improve the same within three
months from the date of his application
to purchase, and shall continue to occu
py the same for the period of three con,
secutive years from the date Of such set
tiement; provided, that any purchaser
msy sell his land so applied for, after he
shall have made his first payment anC
settled upon the land in good faith, and
not before; but in That event MS vendee
shall file in the general land Office pro-
perry authenticated transfer from the said
originsl purchaser, and the said venGet
shall be liable to all the obligations and
penalties imposed upon the original pur.
chaser.
Sec. 10. Within one year next the ex,
piration of the three years occupancy q
said laud, above required, the
purchaser shall make proof
Of his settlement and occupancy
Of such land, before the county clerk OF
the county in which the land is situated,
and if the land be situated in an unor-
ganized county, the proof shall be made
t-fare the county clerk Of the county t.
| which such unCTgGnized county is attached
| for judicial purposes. Such proof shall be
| by affidavit in writing of the purchaser,
to the feet, that he or she has actually
settled upon in good faith, aud continu-
Ously occupied the land so purchased for
the period of three consecutive years
/ from the date Of settlement, specifying
such date. In case the land shall have
been transferred, the affidavit shall be
made by the person to whom it was
transferred, and shall state that the aft
ant and his assignors have together occu-
| pied and improved the land for the time
above required. In each of the above
cases the affidavit shall be signed by the
party making 1t and sworn to before the
clerk aforesaid, and shall be corrobo-
rated by the sffidavit in writing of
three disinterested and credible citizens
of the county in which the land is situated
or of the county IN which the affidavit is
made, and the clerk shall certify to the
credibility of such witnesses under his
hand and seal of office. Said affida-
Wis shall be filed in the general land office
within thirty days after the same are
made, and any purchaser falling tt make
such proof and file the same in the gen
ersl land office as sbOve required, shall
forfeit to the state ell his rights to the
land so purchased by him, and ali pay
mentS made thereon, anu the land shall
be again put on the market for sale by the
surveyor upon receipt of notice OF such
forfeiture from the commissioner of the
general land Office. And 8 failure to
make prompt pay ent of the interest due
upon the balance due upon the land so
purchased, on or before the first day of
August of auy year, or failure to pay all
the principal and interest within thirty
years, shall in like manner forfeit TO the
state the land and all previous payments
made thereon, and the same snail in like
manner be again for sale.
Sec. II. Any purchaser failiDg to COM
ply with all the conditions required of
him by this act shall forfeit to the state
the land applied for, together with all
payments made thereon, without iu-
dicial ascertainment Of such forfeiture,
and the state treasurer and commissioner
of the general land Office shall each close
the account kept by them with the pur-
chaser on their books, ami shall mark on
the same Gland forfeited" and the cause
of such forfeiture, and no defauting pur-
chaser, or those claiming under him, shall
evade or avoid the effect Of such forfeit
ure, st once, by reason of a,y statute or
law which for coverture, infancy or the
like would otherwise give them additional
time for payments or action, except as
follows: Should any purchaser die
or become insane, the legal rep
reSentatiVes or heirs of the de-
ceased, or guardian of the luratlr,
shall have one year within which 10 pay
the interest due on the first day of jana
airy next, after such death or Judgment
declaring the purchaser a lunatic, and
shall have like time allowed them, in
which to make proof of settlement and
occupancy of the land as required in other |
cases. Such legal representatives, heirs !
or guardian may carry out the contract of !
the purchaser in all respects as if no such /
death or luDsCy had occurred.
Sec. y. All lands disposed OF under f.
this act shall be sold, subject to the res
ervation contained in en- act OF the legis- |
lature Of the state of Texas, entitled:
AN act making reservations for public !
roads cut OF lands heresiter disposed OF !
ny the state" approved February I, 1854 |
And in no case shall patent issue for
any Of said laud until the purchaser there
Of shall have paid the entire amount of
principal and interest due for the same,
ind shall have fully complied with sec
ions and 10 of this act.
Sec. 10. Any person authorized by this
lct TO purchase any of said lands, who is
low or who may hereafter settle upon
he same, shall have the preference right
or six months after the passage of this
Lct, or three months from the date Of his
ettlement, as the case may be, to pur-
base the land including his or her i'm
subject to the limitations of
mount provided for 10 section two OF
his ect, without regard tn value of i'm
'rovements, upon complying with the
eqnirementS of this act.
Sec. II. 1t shall be the duty of the
Of the general land office,
tter the forfeiture provided for in Sec
ion eleven OF this sct shall have been
declared, TO issue his certificate declar-
nG such forfeiture and the cause there
+, and forward the same to the proper
urveyor, who shall note the forfeiture on
is record of his applications TO pur-
base, and shall file said certificate in his
flee; thereafter said land shall be again
or sale, Subject to the exception con-
aimed i'll said section ID, as if no q,
pplication had ever been made for the
ame
Sec. Is. That so much Of an act OF the
egl>IatuTe of this state, entitled: "An
ct to provide for the classification, sale
nd lease OF the lands heretofore or here .
fter surveyed and set apart for the bene- ,
of the common schools, university, the y,
matte, blind, deaf and dumb and orphan d,
sylum funds" approved April u, 1889,
rovidiDg for the sale OF said lands, be :
nd the same is hereby repealed; and all =
Their laws and parts of laws in conflict :
18th the provisions Of this act be and the :
lme are hereby repealed.
Consumption Cured :
An old physician, retired from practice c
wing mad placed in his hands by an East India I